TUTOR CONTRACTOR AGREEMENT

CN Coaching (ABN 98 524 480 136) with registered office at Suite 3, Level 27, Governor Macquarie Tower, 1 Farrer Place Sydney, NSW 2000, is a tutoring agency that connects tutors (Tutors) with students and parents (Clients).

 

THE PARTIES HERETO AGREE THAT IF THE TUTOR CHOOSES TO PROCEED WITH THIS SUBSEQUENT ONLINE APPLICATION AND REGISTRATION, AGREEMENT TO ALL TERMS WILL BE AS EFFECTIVE AS IF ORIGINAL CONTAINING ORIGINAL SIGNATURES. THE LINK TO THIS AGREEMENT IS GIVEN IN THE CAREERS FORM, BY SUBMITTING THIS FORM, YOU AGREE TO ALL CONDITIONS, REGULATIONS AND TERMS IN THIS AGREEMENT.

SUBMISSION OF THE CAREERS FORM INDICATES TUTOR HAS READ AND AGREED ALL TERMS OF THIS CN COACHING AGREEMENT.

HAVE EXECUTED THIS AGREEMENT IN DUPLICATE AS OF THE DAY AND YEAR OF THE SUBMISSION OF THE CAREERS FORM, WITH SUBMISSION OF THE CAREERS FORM ON THE DOMAIN

 

  • Definitions
    1. In this Agreement:
      1. “Agency Fee” means the fee that CN Coaching collects for facilitating and connecting the Client with the Tutor and managing the administration of such Services
      2. “Agreement” means this legally binding agreement available on our Website;
      3. “Business day” means any day other than a Saturday, Sunday or public holiday in Australia;
      4. “Client” means the person(s) with and for whom CN Coaching agrees to provide Services. This may include the Student or Parent of the Student for whom Tutoring is requested and provided by the Tutor;
      5. “CN Coaching” also referred to as “Us”, “We”, “Our” and “CNC” means CN Coaching (ABN 98 524 480 136) with registered office at Suite 3, Level 27, Governor Macquarie Tower, 1 Farrer Place Sydney, NSW 2000
      6. “CNC Tutor Account”
      7. “Communication” means written, oral, email,
      8. “Tutor” also referred to as “You” and “Your” means any Tutor that has been invited or has completed the Tutor Application Form with the intent of providing Tutoring Services on behalf of CN Coaching
      9. “Parent” means the parent or legal guardian of the Student to whom Tutoring Services are agreed to be provided;
      10. “Student” means the person to whom Tutoring Services are agreed to be provided;
      11. “Services” means the educational services CN Coaching provides as an agency, which comprises or includes the following;
        1. Private or group Tutoring
        2. Lesson research and preparation
        3. Notes, plans and other resources required for the Tutoring
        4. Lesson summary, follow-up and support
        5. Scheduling lessons with Clients
        6. Administrative, support and training activities required by CN Coaching for the provision of Services
        7. Any other requirements relating to educational services as many be reasonably and lawfully requested of You by the Client or CN Coaching
      12. “Tutoring” means the tutoring and other educational services which the Tutor has agreed with CN Coaching to provide to the Client;
      13. “Website” refers to our online Website available at cncoaching.com.au and to all software and API’s used to facilitate the services including your CNC Tutor Account
      14. “Writing” and “Written” includes email correspondence
    2. References in this agreement to “person” include any individual, company, corporation, partnership, firm, association or other entity (whether or not having legal personality); and references to “paragraphs” are to the numbered paragraphs of this agreement.
    3. The headings in this agreement are intended to provide general guidance, but do not affect their legal interpretation.
  • The Contract
    1. This agreement forms a binding legal agreement between CN Coaching and You, the Tutor. By completing the tutor application form, accepting a new student and/or commencing lessons, you agree:
      1. You have had sufficient opportunity to access the agreement and contact CN Coaching with any questions;
      2. You have read, accepted and will comply with and be legally bound by this agreement;
      3. You are 18 years or older;
      4. You are an Australian citizen and can legally provide paid services in Australia;
      5. You are an independent contractor and meet all the legal requirements and definition of an independent contractor found here: (and agree to provide or obtain an ABN) https://www.business.gov.au/people/contractors
      6. you are free to enter into this agreement, and that any terms within this agreement of the providing of Tutoring Services for CN Coaching does not violate the terms of any agreement between you and any third party and does not violate any pertaining laws;
      7. If any of the above are not correct, or if you do not agree to this agreement, you are not permitted to commence lessons or become a CN Coaching tutor and you accept any and all responsibility and liability for doing so;
    2. If there are any questions, please contact CN Coaching using the contact details at the end of the agreement.
    3. CN Coaching may amend this agreement at any time without notice. Use of our Website, your CNC Account, continued services offering or the continuation of lessons or acceptance of new students following any such amendments (and you have not explicitly written to us to show your unacceptance with our agreement), will be deemed as confirmation that you have read and accept such amendments. CN Coaching recommends that you check the current agreement before continuing with your application or service offering as a CN Coaching Tutor. CN Coaching also recommends that you periodically and frequently check the agreement available on our Website for any amendments.
    4. This agreement supplements and incorporates:
      1. The CN Coaching Privacy Policy posted on the Website;
      2. The TeachWorks Terms of Service including, without limitation, the Stripe Services Agreement;
      3. The Stripe Terms of Service;
      4. All terms and conditions and privacy policies of all API’s and third party software that are integrated into or within the Website or in any way used to facilitate our Services to and/or for you.
    5.  The terms in this agreement set out the whole agreement between you and us for the provision of the Tutoring Services. If there is any inconsistency between these Terms and any other communication, promises or agreements, these terms will prevail.
    6. No terms or provisions proposed or put forward by you, vary or omit any of this agreement or any related disclaimers, policies or agreements, unless they are expressly agreed to in writing by CN Coaching.
    7. The agreement between you and us for the provision of the Tutoring Services will come into existence and become legally binding on the earlier of:
      1. you confirming to us your agreement or acceptance of this agreement (orally, in writing, by accepting the new student and obtaining their details and/or in submission of the tutor application form); and
      2. the date on which you initially contact or commence to provide Tutoring to a Student.
    8. Your relationship with CN Coaching is an independent subcontractor, and not an employee of CN Coaching, meaning you operate your own business that is independent of CN Coaching. You are free to offer your services to CN Coaching, other agencies and/or independently. Furthermore, your engagement or application to application means you may be considered for future or current Clients, but in no way guarantees any current or future Clients or Services opportunity. You understand and agree that you are not entitled to any benefits provided to any employee of CN Coaching. Nothing herein will constitute any Tutor as an agent for CN Coaching or grant any Tutor the authority to make representations or agreements on behalf of CN Coaching. Tutor further agrees that in the event that CN Coaching suffers any loss or damage as a result of a violation of this provision, Tutor shall indemnify and hold harmless CN Coaching from any such loss or damage.
  • The Tutoring Services
    1. Tutoring lessons
      1. You have complete autonomy to accept or decline a potential new Client. If a new student is accepted by You, you will contact them at the phone number and/or email provided to you within 36 hours to introduce yourself as a CN Coaching Tutor, finalise any details, answer any questions and schedule your first lesson
      2. You have complete autonomy as to how you should perform your tutoring services. This includes what types of tutoring services you offer, when you offer such lessons and how you carry out your lessons
      3. You are responsible for planning and executing a suitable program for the student in the subject(s) assigned.
      4. You have complete freedom and responsibility to supply your own tutoring materials and tools (car, books, memberships, printing, stationery etc) as required by you. Furthermore, any expenses incurred while conducting your services would need to be paid by you. We do not pay any allowances for such materials, tools or expenses, however, you may include the price of these in your all-inclusive hourly rate.
    2. Time and Location of Tutoring lessons
      1. The date(s) and location(s) of the Tutoring will be discussed and agreed upon by the Client and Tutor. You decide where you may carry out your tutoring lessons. By consulting with the student or parent and confirming with CN Coaching, you can agree on a mutually convenient location to hold lessons
      2. The Tutor will make all reasonable efforts to ensure that the Tutoring is actually provided on the dates (or within the periods) agreed on. If events or circumstances outside the reasonable control of the Tutor prevent the Tutor from doing so, the Tutor will make every reasonable effort, after appropriate discussion with CN Coaching and the Client, to ensure that the Tutoring is provided as soon as reasonably practicable.
      3. You will confirm upcoming lessons with the Client and ensure that the correct lesson is entered in your CNC account calendar. You will arrive promptly for all tutoring lessons and conduct the lessons for the minimum assigned hours. You will not stay for an unreasonable amount of additional time without the pre-approval of the Client and CN Coaching. Unless requested otherwise by the Client, or for any other reasonable cause, this shall be adhered to for all lessons.
      4. The Tutor will not provide or agree to provide any services or carry out any work for the Client or the Student other than the Tutoring, without the prior written consent of CN Coaching.
      5. No agreement between the Client (or the Student) and the Tutor which purports to have the effect of increasing, reducing or varying the Tutoring or altering these Terms or the provisions of the Rules & Regulation will be effective or binding on you or us, unless it is expressly provided for in these Terms or confirmed in writing by both you and us.
      6. While on the premises of CN Coaching or CN Coaching’s customers, You shall comply with all reasonable rules and regulations established at such premises. It is your responsibility to familiarise yourself with any rules and regulations that apply at any premises before the commencement of lessons and with any applicable future amendments. You agree to indemnify and hold harmless CN Coaching, and its officers, agents and employees, from and against any and all liability, loss, damage, cost and expense (including lawyers' fees) on account of any claim, suit or action made or brought against CN Coaching, or its officers, agents or employees, arising from the services performed by You hereunder, including any act or negligence by you in connection with such services, or arising from any accident, injury or damage caused to any person or to the property of any person during the performance of such services, or arising from damage to or loss of your property while on the premises of CN Coaching or CN Coaching’s customers in connection with this Agreement.  You shall not be liable to CN Coaching for any damages resulting from any act of negligence on the part of CN Coaching or its employees.
      7. CN Coaching shall have no liability to the Tutor for any loss, damages, expenses, payments or injury which the Tutor may incur arising from the security or state or condition of any premises in which the Tutoring is provided or from any act or omission of the Client, the Student or any third party occurring on any such premises or otherwise during the course of or in connection with the provision of the Tutoring.
      8. Nothing in these Terms shall exclude or limit in any way CN Coaching’s liability for death or personal injury caused by its negligence; or for its fraud or fraudulent misrepresentation; or for any breach of the obligations implied by relevant legislation; or for any losses for which CN Coaching is prohibited to limit liability; or for any other matter for which it would illegal or unlawful for CN Coaching to exclude or limit or attempt to exclude or limit its liability.

 

  • Tutor’s Responsibility and Commitments
    1. You will provide the Tutoring with all due care and skill, in conformity with this agreement and in compliance with all applicable statutory and regulatory requirements and standards of best practice.
    2. You shall take all appropriate steps to safeguard and protect the interests of the Student, Parent and Client.
    3. You warrant and represents to CN Coaching that all written and oral statements and information provided by you to CN Coaching for the purposes of or in connection with the Tutoring, including (but not limited to) personal information about you and/or your qualifications, credentials, references and suitability and legality for providing the Tutoring were when provided and remain true, complete and accurate.
    4. You agree that, except with the prior written consent of CN Coaching, you will not during the period of 24 months after the date on which you cease to provide the Tutoring, directly or indirectly, in any manner whatsoever, contact, communicate with (except to deny such services or for other legally permissible causes) or provide any services which are in any way competitive with, services sold at that time by CN Coaching to the Client or to any person introduced, directly or indirectly, to the Tutor by the Client or the Student (whether the student formally began lessons with the Tutor or not).
    5. In the event that one of the below scenarios occurs within 12 months of an ‘Introduction’ by CN Coaching, the ‘Tutor’ agrees to pay CN Coaching an ‘Introduction Fee’ to continue working with the ‘Client’ in question;
      1. the ‘Tutor’ provides educational services to a ‘Client’ other than through CN Coaching; or
      2. the ‘Tutor’ introduces a ‘Client’ to another ‘Tutor’ or third party who provides educational services to that ‘Client’ other than directly through CN Coaching.
  • The ‘Introduction Fee payable will be calculated as being equivalent to 40 hours’ worth of tutoring or teaching at the full rate charged or to be charged to the ‘Client’ by the ‘Tutor’ or by CN Coaching (whichever is smaller).
  1. You must provide to us, in a timely manner, any information and instructions which CN Coaching or the Client from time to time reasonably request to enable the Tutoring to be performed in accordance with this agreement or as reasonably appropriate. If you fail to do so, CN Coaching may immediately terminate the agreement between us for the provision of the Tutoring (if that failure has a material detrimental impact on our ability to provide the Services) or levy an additional reasonable charge (which you shall be obliged to pay) for any additional cost or expense incurred by CN Coaching as a result of such failure.
  2. Where any Tutoring is to be provided on any premises of or designated by the Client, you may request the Client to provide you, in a timely manner, with sufficient details of the relevant location, to ensure that appropriate access is available to you at all relevant times and that such premises are suitable and safe for the provision of the Services.
  3. You are responsible for commercial risk and any other risk related to the services you provide to the client. This includes the costs or loss of any poor workmanship, any injury you may suffer as a result of your work and other associated risks.
  4. You have complete freedom in how many hours you commit to providing tutoring services for CN Coaching. The only exception is once you agree to accept a new student, you will commit to the standard hours requested by the student for the duration of the lessons
  5. You have complete freedom as to which students you accept or decline lessons with. There is no commitment whatsoever to accept any new students.
  6. When you are not available for the lessons, either temporarily or indefinitely, you’ll need to notify us and the client. In such a case, CN Coaching may suggest to the client an alternative tutor. You are also able to sub-contract your tutoring services to another contractor-tutor of your choice, with the prior approval of CN Coaching and the client.
  7. By accepting a new Client, you warrant that you will be available to continue lessons for a minimum of 12 months. This does not guarantee or suggest that lessons will continue for such a duration.
  8. You shall not knowingly infringe any copyright, trade secret or other intellectual property right of any third party, and you shall use best efforts to avoid any such infringement.  You hereby agree to defend CN Coaching against any claim of copyright, trade secret or other intellectual property infringement made against CN Coaching on account of the Services rendered by You. You further agree to indemnify and hold CN Coaching harmless against any loss, damage, award or expense (including reasonable lawyers' fees) resulting from such a claim.
  9. We typically conduct interviews (in person, via Skype, or phone) with our staff to complete our screening process. During the interview, you should expect to discuss your tutoring experiences, educational background, criminal history, Working with Children Check, ABN, and any other details found in this agreement. Our staff will clarify any procedures and policies; answer any questions about CN Coaching’s Agreement, and explain benefits.

 

  • Ethics & Conduct
    1. CN Coaching conducts its business based on honesty, fairness, respect, equality, responsibility and integrity. It is a condition that all our Tutors adhere to these same qualities with all their dealings, whether with CN Coaching, Clients, Tutors or any third party.
    2. You agree not to:
      1. represent CN Coaching in any dealings, agreement, contract or transaction with any third party
      2. use your company contacts to advance your private business or personal interests at the expense of CN Coaching, its clients, tutors or affiliates
  • Give any bribes or other similar remuneration or consideration to any person to attract or influence business activity
  1. Accept gifts, gratuities, fees, bonuses or excessive entertainment, in order to attract or influence business activity
  2. Disobey any Equal Employment Opportunity laws and any other employment laws and act with respect in all of your dealings with third parties
  3. Hide, conceal or destroy, but instead to disclose unethical, dishonest, fraudulent and illegal behaviour, or the violation of our policies and procedures, directly to management.
  • Use, possess, buy, sell or be under the influence of or otherwise irresponsibly interact with alcohol, non-prescribed drugs or any mind-altering substances whilst on any CN Coaching, Client or other premises when conducting lessons or conducting any activity related to your lessons or this agreement.

Child Protection Policy & Code of Conduct

  • Tutoring should be conducted in rooms where there are windows, so that a person outside the room can see into the room, or the door should be open so that the tutoring can be viewed and heard. Furthermore, no child should be disciplined by a tutor in a room with a closed door.
  1. Tutoring should only take place in a public part of the home with a parent or responsible adult/guardian present. Tutoring should never take place in a child’s bedroom. At the end of each lesson that takes place within a child’s home a responsible adult, who was present in the home throughout the duration of the tutoring, should sign off the session as having been conducted appropriately and in a public space. If this is not the case, it is your responsibility to ensure that this is adhered to and that you notify us of any non-compliance.
  2. For any video and/or audio-based on-line tutoring and live streamed sessions the tutor must ensure that parents/guardians are aware of the type of interaction the child is having with the tutor on the computer, tablet, mobile or other device being used by the student. It is a further requirement the tutor to be able to ensure, through software or human means, that all interactions are appropriate, safe and secure. This may take the form of the parent/responsible adult being present or within hearing range during the tutoring and being free to observe, and be present for, each session.
  3. CN Coaching absolutely prohibits any acts of sexual harassment towards a CN Coaching Client, including grooming and sexual relations, whether outside or on the tutoring premises.
  • You are solely responsible for updating your Working with Children Check, Blue Card or the appropriate equivalent in your state, once CN Coaching has checked it, and to provide a copy, if required, to the Client. You agree to notify us of any updates and to add your Working with Children Check to your CNC Tutor Account immediately after receiving your Working with Children Check or any updates thereafter.
  • You must read and agree to all conditions contained within our Child Safe Code of Conduct and Child Safe Policy

 

  • Confidentiality
    1. All information provided by CN Coaching, CN Coaching's Clients, and prospective Clients (including students, parents, learners, institutions, companies, and other entities) to you or resulting from any requirement of this Agreement, is deemed to be confidential.
    2. You shall hold such Information in confidence, use only for the purpose of providing the Services, and shall not disclose such Information to any third party, unless otherwise required for the normal operating of Services. All Information shall remain the property of CN Coaching.
    3. The Tutor agrees that he or she will not disclose any of this information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with CN Coaching. The Tutor shall not retain any copies of the aforementioned without CN Coaching's prior written permission. Upon the expiration or termination of this Agreement, or whenever requested by CN Coaching, the Tutor shall immediately deliver to CN Coaching all such files, records, documents, specifications, information, and other items in his or her possession or under his or her control.
    4. The Tutor shall not disclose any such information to any third party (including other independent contractors) and agree not to use such information for any purpose except for delivering the tutoring.
    5. The Tutor shall compensate CN Coaching for losses it incurs as a result of his / her negligent, reckless, or intentional disclosure of confidential information. Confidential information in this context includes, but is not limited to, any information, idea or concept, in any form (tangible or intangible), whether disclosed to You or learned by You. For the purpose of this Agreement, confidential information specifically includes, but is in no way limited to, all information:
      1. concerning students, patrons, learners, employees, and other independent contractors, including but not limited to information concerning their age, sex, sexual orientation, religious affiliation, ethnicity, national origin, ancestry, disability, or other personally identifiable information;
      2. of a competitively sensitive nature, including trade secrets or confidential or proprietary information of any sort, including, without limitation, information relating to products, processes, know-how, designs, formulas, developmental or experimental work, computer programs, databases, or other original works of authorship, customer lists, business plans, financial information or other subject matter pertaining to any business of the Company or any persons or entities with which it does business; and
  • concerning CN Coaching's policies, strategies, finances, pricing, pay rates, use of independent contractors, and the nature of relationships between corporate management and its service providers, customers, and end users – including the specific questions such users ask while using CN Coaching's services.
  1. The Tutor further agrees that he or she will not disclose the terms of this Agreement to any person without the prior written consent of CN Coaching and shall at all times preserve the confidential nature of his or her relationship to CN Coaching and of the services hereunder. See Privacy Policy for more details.
  2. This clause shall survive and continue after any termination of this Agreement.

 

  • Your Charges and Payments
    1. As an independent contractor, payments do not work on a salary or wage, but through invoices that apply at the end of lessons which are calculated based on the hourly rate you quote to us before the commencement of the lessons (and any changes thereafter)
    2. Your fee for the Tutoring of each Client are as set out or referred to in the correspondence, application form or as otherwise agreed in writing between CN Coaching and you. Your fee may differ based on each Clients’ requirements, travel distance, lesson duration and other factors as determined by you. The fee should be a comparable reflection of what you would otherwise charge your non-CN Coaching Clients for comparable work.
    3. You remain free to determine your hourly rate for any Client, which will be specified and confirmed before the commencement of the Services. Except for a reasonable change in situations, you cannot alter the hourly rate for any current client without the prior discussion with CN Coaching and approval of the Client.
    4. Where any Tutoring is charged at a rate per hour, it will be charged for on a proportionate basis for any period of less or greater than an hour.
    5. Billable hours include only the time spent tutoring students, which is approved in writing by CN Coaching and the Client prior to lessons or amended as required by all parties.
    6. How payments are made
      1. Client pays cn coaching, profile to invoice amount
        1. You will submit invoices to CN Coaching each fortnight, for all billable services provided during the previous fortnight. CN Coaching will provide payment to You within 14 days of receipt of these invoices, after payment is received by the Student/Parent.
      2. Client pays tutor
        1. Tutor is responsible for the safe delivery of any monies collected by them
  • After Tutor receives a tutorial request, Tutor needs to respond ASAP with an ACCEPT or a DECLINE.
  • After Tutor receives a parent or student's contact information, Tutor needs to call parent or student as soon as possible (within 48 hours) to schedule first session.
  • Progress Reports: Parents occasionally request a monthly or weekly progress report for a student. You can add these at the end of the lesson in your lesson summary or email them directly to

Rates & Referrals – Practices, Policies and Payments:

  • Payment Options: Tutor may be paid via cash (by the student), or will invoice CN Coaching fortnightly if the Student is paying via non-Cash method. The invoice will be finalised via Bank Deposit.
  • Additional Tutorial Billings: In this regard, tutors are not permitted to bill for additional tutoring fees resulting from the extension of time of a scheduled tutoring session or the purchase of supplies without the prior agreement of a parent and CN Coaching or other responsible party.
  1. Your charges are inclusive of any applicable GST, taxes, superannuation and any other expenses, fees or government taxes.
  2. You shall not be entitled to charge CN Coaching for any expenses incurred by you in the provision of the Tutoring, including (but not limited to) travel expenses, stationery and any associated expenses. Such expenses may be included in your All Inclusive Hourly Rate.
  3. Being an independent contractor, you are not entitled to any paid leave from CN Coaching and you are responsible for your own income, or lack thereof, if you are not offering services for CN Coaching.
  4. Unless otherwise expressly agreed in writing by CN Coaching, you shall not receive or accept from the Client or any Student or any other person any sums due to CN Coaching, or otherwise, for the provision of the Services or as a gift or reward.
  5. Unless otherwise agreed in writing by CN Coaching, your charges for providing the Tutoring shall be paid by us on the later of:
    1. the first or third Friday of the calendar month in which the relevant Tutoring is actually provided; and
    2. the last business day of the calendar month in which CN Coaching is paid or reimbursed by the Client for the Services.
  6. You shall promptly provide to CN Coaching, as requested by us from time to time:
    1. written details of all time incurred by you in providing the Tutoring during that calendar month or since the commencement of lessons.
    2. all such other information relating to the performance of the Tutoring
  • Although CN Coaching provides access the “CNC Tutor Account”, you have complete liability and obligation for your own record-keeping of all lessons, invoices and other details as legally and operationally required for the provision of Tutoring services. All information provided by the Tutor to CN Coaching under this paragraph or otherwise in connection with the performance of the Tutoring shall (when provided) be true, complete and accurate and shall remain so.
  1. Taxes and Contributions
    1. We do not deduct any tax from your pay. You have sole responsibility for:
      1. pay all income tax and other required contributions in relation to all charges and sums payable to the Tutor by CN Coaching and shall be responsible for completing and submitting all relevant assessments, returns and other information to the ATO and appropriate government and private bodies as necessary by law in relation to such charges and sums, based on your own tax advice for your business;
      2. You shall indemnify CN Coaching and keep CN Coaching fully and effectively indemnified on demand against all income tax, contributions and related penalties and/or interest in respect of any charges paid or payable by CN Coaching to the Tutor for the Tutoring, and any reasonable costs incurred by CN Coaching in recovering any such sum due by the Tutor to CN Coaching under this paragraph.
    2. CN Coaching’s Agency Fee
      1. CN Coaching charges an Agency Fee in addition to your hourly rate for any particular Client. This may vary from client to client. The fee payable by the Client for Tutoring will be calculated according to the hourly rate of the Tutor, CN Coaching’s Agency Fee and the duration of the Tutoring lesson. We will typically inform you of our Agency Fee and the Total Lesson Fee prior to the commencement of lessons. Should a Student, Parent or Client discuss any Fees or Payments, you agree to not disclose our Agency Fee, and only the Total Lesson Fee and to respectfully direct any question relating to billing, charges and payments they have to the CN Coaching office.
      2. We may change any of our Agency Fees from time to time. We will give you and the client at least 30 days’ notice of any change in our Agency Fees.
    3. CN Coaching represents all Tutors in all fee negotiations. CN Coaching will, on your behalf, resolve all disputes regarding fees, hours tutored or cancellation charges between You and the Client. You agree that any such resolution will be binding on You.

 

  • Cancellation
    1. We may suspend or dismiss your services without reason, as long as it is in accordance with the conditions set out in this agreement
    2. If you are unable, because of illness or other incapacity or for some other reason outside your reasonable control, to provide any Tutoring at the times and dates confirmed for any Client, you shall give as much prior written and/or verbal notice to CN Coaching and the Client as is reasonably practicable.
    3. If the Client cancels the Tutoring, CN Coaching or the Client will give as much prior written notice to the Tutor, as is reasonably practicable.
    4. Where any notice is given, the Tutor and the Client shall each make every reasonable effort to agree a suitable alternative time and date, which shall be as soon as reasonably practicable for all parties, for the provision of the postponed Tutoring.
    5. If the Client and the Tutor are unable within 5 business days after receipt of a notice to agree on a new time and date for the postponed Tutoring, the Tutor will have no obligations to provide the postponed Tutoring and no charge shall be made by the Tutor for the postponed Tutoring, unless
      1. the Client cancelled the Tutoring 3 hours or less before the time at which the postponed Tutoring was originally due to be provided;
      2. the Client was not entitled to cancel the Tutoring under any relevant laws; and
  • CN Coaching has been paid by the Client for the postponed Tutoring, in which case, the Tutor’s charges for the Tutoring will be paid by CN Coaching.
  1. Clients have a legal right under relevant laws to change their mind and cancel a Tutoring Session within the 14-day period commencing the day after the Booking Confirmation without having to pay the Fee or incurring any other charge (“cooling-off period”). However, Tutoring Sessions can take place during the cooling-off period if the date of the Tutor Session requested by the Client and confirmed by the Tutor in the Booking Confirmation falls during the cooling-off period, in which case the Client will be required to pay the Fee for the Tutoring Session. This does not apply if the Client has notified the Tutor that they would like to cancel such Tutoring Sessions within the above specified time frame.
  2. First lesson money back guarantee
    1. If the student, parent or tutor decides after the first hour that the in-home tutorial is not a satisfactory match, CN Coaching does not charge for that first session; otherwise, a charge applies. Thus, CN Coaching is not entitled to make payment for that hour to Tutor.
  3. The obligations of The Contractor pursuant to Sections 4.0, 5.0, 6.0,7.0, 9.0 and 11.0 shall survive any termination of this Agreement. The Contractor will, within five days after termination, return all materials which are the rightful property of CN Coaching, to CN Coaching. The Contractor will provide 30 days’ notice to CN Coaching should they wish to terminate this contract.
  4. CN Coaching reserves the right to terminate its contract with any Tutor, and remove or edit content on the Website, if the Tutor commits a non-remediable breach or a remediable breach that is not remedied within 5 days, in its sole discretion.
    1. If CN Coaching decides to terminate its contract, any of the following may occur, with or without notice to the Tutor:
      1. the Tutor’s Account will be deactivated, its password will be disabled and it will not be able to access the Website, Services, its Account or its User Content;
      2. any pending or future Lessons will be immediately terminated;
      3. CN Coaching may communicate to the relevant Client that the Lesson has been cancelled;
      4. CN Coaching may refund the Client in full, regardless of the cancellation and refund policy; and
      5. the Tutor will not be entitled to any compensation for Lessons that were cancelled as a result of a suspension or termination of their Agreement.
    2. After accepting any student assignment, the tutor must give at least 4 (four) weeks’ notice prior to quitting that student assignment.
    3. Refund Policy
      1. CN Coaching will provide refunds as required under the Australian Consumer Law.
      2. Clients may cancel or reschedule Lessons with Tutors up to four hours prior to the schedule start of the lesson without a cancellation fee.
  • If Tutor needs to cancel a session, unless there is an emergency, CN Coaching suggests to give 24 hours prior notice. If Tutor or a student cancels a session, a make-up session should be rescheduled, if possible.
  1. If Tutor needs to cancel a session, and cannot make it up, he or she should notify CN Coaching in a timely manner so a suitable substitute Tutor can be found. If Tutor needs to miss a number of tutorials, he or she should contact CN Coaching in a timely fashion to request either a temporary or permanent replacement.
  2. CN Coaching has notified parents that they need to notify Tutor at least 24 hours in advance; otherwise, they will be charged the tutoring fee for that session. Of course, if a tutee gets sick or some emergency arises to pre-empt the tutorial, then CN Coaching recommends no charge for the tutorial as long as the parents have made a reasonable attempt to contact the tutor in a timely fashion.

 

  • Consumer Guarantees
    1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the Tutor with rights, warranties, guarantees and remedies relating to the provision of Services by CN Coaching to the Tutor which cannot be excluded, restricted or modified (Statutory Rights).
    2. If the Tutor is a consumer as defined in the ACL, the following notice applies to the Tutor from CN Coaching: “CN Coaching guarantees that the Services supplied to the Tutor are rendered with due care and skill; fit for the purpose that CN Coaching advertises, or that the Tutor has told CN Coaching he, she or it is acquiring the Services for or for a result which the Tutor has told CN Coaching he, she or it wishes the Services to achieve, unless CN Coaching considers and discloses that this purpose is not achievable; and will be supplied within a reasonable time. To the extent CN Coaching is unable to exclude liability; CN Coaching’s total liability for loss or damage suffered or incurred by the Tutor from the Services is limited to CN Coaching re-supplying the Services to the Tutor, or, at CN Coaching’s option, CN Coaching refunding to the Tutor the amount he, she or it has paid CN Coaching for the Services to which his, her or its claim relates.”
    3. Nothing in this Agreement excludes a Tutor’s Statutory Rights as a consumer under the ACL. Each Tutor agrees that CN Coaching’s liability for Services provided to Tutors who are defined as consumers is governed solely by the ACL and this Agreement.
    4. CN Coaching excludes all conditions and warranties implied by custom, law or statute except for the Tutor’s Statutory Rights. Except for the Tutor’s Statutory Rights, all material and work is provided to the Tutor without warranties of any kind, either express or implied, and CN Coaching expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

 

  • Intellectual Property
    1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trademarks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site, the App and Services, the layout, appearance and look of the Site and App, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of this Agreement and whether used or contained in the Site or App is owned, controlled or licensed to CN Coaching (or its affiliates and/or third party licensors as applicable).
    2. The User agrees that, as between the User and CN Coaching, CN Coaching owns or holds the relevant licence to all Intellectual Property rights in the Site, the App and Services, and that nothing in this Agreement constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, App and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by CN Coaching or the owner of the content.
    3. Some Intellectual Property used in connection with the Site, App and Services are the trademarks of their respective owners (collectively Third Party Marks).
    4. CN Coaching’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of CN Coaching or the applicable trademark holder or Intellectual Property owner.
    5. Users of the Site and App do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of CN Coaching or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

 

  • Disclaimers
    1. You acknowledge that tutoring services will mostly be available in English (unless otherwise specified by the tutor and/or Client). CN Coaching is not responsible for any language misunderstandings during the Services.
    2. To the fullest extent allowable under applicable law, CN Coaching disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Website, Communication or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
    3. For the avoidance of doubt, CN Coaching is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. CN Coaching advises that all Tutors should seek advice in relation to these matters.
    4. CN Coaching excludes all express and implied conditions and warranties, except for the Tutor’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
      1. CN Coaching expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
      2. CN Coaching does not warrant that the Website, the Services, Communication, content on the Website or Communication (including pictures, videos, sound clips, resumes, links etc.), or the Tutor’s access to the Website or the Services will be error free, that any defects will be corrected or that the Website or the server which stores and transmits material to the Tutor is free of viruses or any other harmful components
  • CN Coaching takes no responsibility for, and will not be liable for, the Website, Software, or related services being unavailable, of a particular standard of workmanship, failing to meet your needs, or being of less than merchantable quality; and
  1. CN Coaching will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the Tutor’s information systems or costs of replacement goods, or otherwise, suffered by the Tutor or claims made against the Tutor, arising out of or in connection with the Website, Services, content on the Website or Communication, inability to access or use the Website, the Services or the Terms, even if CN Coaching was expressly advised of the likelihood of such loss or damage.
  1. The Tutor agrees not to attempt to impose liability on, or seek any legal remedy from CN Coaching with respect to such actions or omissions.

 

  • Limitation of Liability
    1. We are not responsible for any syllabus or content taught by a Tutor to a Client, the Tutor is solely responsible, and should check if all subject content is taught correctly. Professional Indemnity rests solely with the Tutor.
    2. To the extent permitted by law, CN Coaching’s total liability arising out of or in connection with the Website, Communication, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to CN Coaching re-supplying the Services to the Tutor, or, at CN Coaching’s option, CN Coaching refunding to the Tutor the amount it is owed for the Services to which its claim relates. CN Coaching’s total liability to the Tutor for all damages in connection with the Services will not exceed the price paid by or owed to the Tutor under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
    3. The limitations of damages set forth above are fundamental elements of the basis of the bargain between CN Coaching and the Tutor. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the Tutor.
    4. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of CN Coaching.

 

  • Indemnity
    1. The Tutor agrees to defend and indemnify and hold CN Coaching (and CN Coaching’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the Tutor’s use of or access to the Services; any breach by the Tutor of these Terms; any wilful, unlawful or negligent act or omission by the Tutor; and any violation by the Tutor of any applicable laws or the rights of any third party.
    2. CN Coaching reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Tutor, in which event the Tutor will cooperate in asserting any available defences.
    3. This defence and indemnification obligation will survive these Terms and the Tutor’s use of the Website or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the Tutor, but may be assigned by CN Coaching without restriction.

 

  • General
    1. Accuracy
      1. While CN Coaching will endeavour to keep the information up to date and correct, CN Coaching makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Website or Communication for any particular purpose. The Tutor hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and CN Coaching expressly excludes any liability for such to the fullest extent permissible by law.
    2. Data Protection
      1. We will only use any personal information which you provide to us for the purposes of performing the Services or to inform you about similar services which we provide (unless you tell us that you do not want to receive this information). Further uses and details can be found in our Privacy Policy.
      2. We use industry standard techniques to protect our Website from bugs, viruses and attacks but cannot guarantee that our Website will be free from bugs, viruses or other malicious software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.
    3. Force Majeure
      1. CN Coaching will not be liable for any delay or failure to perform its obligations under this Agreement if such delay is due to any circumstance outside its reasonable control, including:
        1. strikes or other industrial action;
        2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or the threat for war;
        3. fire, explosion, storm, flood, earthquake, subsidence, accident, epidemic or other natural disaster;
        4. substantial disruption to the use or availability of railways, motor transport, aircraft or other means of public or private transport;
        5. substantial disruption to the use or availability of any public or private telecommunications, internet or other communications networks or facilities, or of any utilities
        6. any non-compliance by the Tutor with these Terms or any non-compliance by the Client with any of its contractual obligations to us in relation to the Services; or
        7. any other act, event, non-occurrence, omission, or accident which is beyond CN Coaching’s reasonable control.
      2. So far as reasonably practicable, CN Coaching will seek, in consultation with the Tutor, to find a solution by which our obligations under this Agreement can continue to be performed (in whole or in part), notwithstanding the Force Majeure Event, and/or to extend the time for its performance of our obligations under this Agreement after the Force Majeure Event ceases. However, if the Force Majeure Event prevents CN Coaching from performing all (or substantially all) of its obligations for more than 4 weeks, CN Coaching shall, without limiting its other rights or remedies, have the right to terminate its agreement with the Tutor immediately by giving written notice to the Tutor.
    4. Notice
      1. Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    5. Waiver
      1. Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by CN Coaching of any of the Terms shall be effective unless CN Coaching expressly states that it is a waiver and CN Coaching communicates it to the Tutor in writing.
    6. Assignment
      1. You may not transfer any of your rights or obligations under these Terms to any other person without our prior written consent, which we may give or withhold as we think fit – this is to ensure that we are able to uphold the quality of service we offer our Clients, including, but not limited to, offering them their choice of Tutors. We may transfer or assign all or any of our rights and obligations under these Terms and under the agreement with you relating to the provision of the Tutoring to any other person without your consent.
    7. Severability
      1. If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    8. Jurisdiction and Applicable Law
      1. These Terms, Communication, the Services and any dispute arising out of any Tutor’s use of the Website or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts.
      2. CN Coaching makes no representation that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If a Tutor accesses the Website from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Website or App.
    9. Entire Agreement
      1. These Terms and any document expressly referred to in them represent the entire agreement between CN Coaching and each Tutor, and supersede any prior agreement, understanding or arrangement between CN Coaching and each Tutor, whether oral or in writing.

For questions and notices, please contact:

CN Coaching

ABN 15616602629

Level 13/50 Carrington Street

Sydney 2000, New South Wales Australia

contact@cncoaching.com.au

Last update: August 2018